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Home My WebLink About00 CC AGENDA 3-15-11CITY OF TUSTIN JOINT REGULAR MEETING OF THE' CITY COUNCIL AND REDEVELOPMENT AGENCY ', John Nielsen, Mayor Pro Tem Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember AI Murray, Councilmember MARCH 15, 2011 COUNCIL CHAMBER ~ 300 CENTENNIAL WAY, TUSTIN ,t .,, David C. Biggs, City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer NOTICE OF SPECIAL MEETING AND AGENDA 5:30 P.M. ~¢ ~~ CALL TO ORDER ATTENDANCE PUBLIC INPUT - At this time members of the public may address the City Council regarding any items on the Special Meeting agenda. REGULAR BUSINESS ITEM INTERVIEW AND APPOINT MEMBERS TO THE PLANNING, COMMUNITY SERVICES AND AUDIT COMMISSIONS The City Council will conduct interviews and appoint three (3) members to the Planning Commission, three (3) members to the Community Services Commission, and three (3) members to the Audit Commission. The Planning Commissioners selected will serve until March 1, 2013 or until their respective successors are appointed and qualified. The Community Services Commissioners selected will serve until March 1, 2013 or until their respective successors are appointed and qualified. The Audit Commissioners will serve until March 1, 2015 or until their respective successors are appointed and qualified. The City Clerk's Office received applications for the Planning Commission, Community Services Commission and Audit Commission as follows: NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. Planning Commission: • Kenneth L. Eckman • Steve Kozak • Frederick C. Moore • Larry R. Sample • Paul Wasserman Community Services Commission: • Kenneth L. Eckman • Erin Moore • James K. Palmer • Donna Marsh Peery • Larry R. Sample Audit Commission: • Robert Ammann • Donald G. Berkheimer • Richard G. Hilde • Kim Leason • Craig Shimomura Recommendations: 1. Interview candidates; 2. Cast ballots to determine appointments; and 3. City Clerk to announce results. ADJOURN TO CLOSED SESSION CLOSED SESSION MEETING ~¢ ~~ CALL TO ORDER -Meeting #2258 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS -The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 2 of 12 from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] -Two Cases B. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] -Two Cases C. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agencv Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Emp loy ee Org anization: Tustin Municipal Employees Association (TMEA) Emp loy ee Org anization: Tustin Police Officers Association (TPOA) Emp loy ee Org anization: Tustin Police Support Service Association (TPSSA) Em ploy ee Org anization: Tustin Police Management Association (TPMA) Em ploy ee Org anization: Part-Time Unrepresented Employees Em ploy ee Org anization: Unrepresented Confidential Employees Em ploy ee Org anization: Unrepresented Supervisory Em ploy ee Org anization: Executive Management and Management D. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -One Case • Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court E. PUBLIC EMPLOYMENT: [Govt. Code § 54957] -Two Cases 1. Termination of City Manager 2. Appointment of Interim City Manager F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] - One case Property Address/Description: Assessor Parcel Numbers (APN's): 393-181-13, 393-181-14, 393-181-15, 393-181-16, 393-181- 17, 393-181-18 and Cole Lane Agency: City of Tustin Agencv/City Negotiator: Douglas Stack, Director of Public Works/City Engineer Negotiating Parties: Alan Trider, President, Oakhurst International, Inc. Under Negotiation: Price, Terms and Conditions Right of Access Agreement JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 3 of 12 ~¢ _ ~~ CALL TO ORDER -Meeting #2258 INVOCATION -Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Mayor Amante ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney Douglas C. Holland PRESENTATIONS • WRAP recipients (Ricoh and Victory Foam) • Rebate to Ricoh on behalf of Department of Energy ORAL COMMUNICATION/PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1. APPEAL OF THE PLANNING COMMISSION'S DECISION TO CONDITIONALLY APPROVE CONDITIONAL USE PERMIT 09-030 TO ALLOW FOR ANCILLARY BANQUET FACILITIES IN CONJUNCTION WITH AN EXISTING AUTOMOTIVE MUSEUM LOCATED AT 1302 INDUSTRIAL DRIVE. On January 11, 2011, the City of Tustin Planning Commission adopted Resolution No. 4166, approving Conditional Use Permit (CUP) 09-030 to allow the Marconi Foundation for Kids to operate ancillary banquet facilities in conjunction with an existing automotive museum located at 1302 Industrial Drive. On January 19, 2011, an appeal of the Planning Commission's decision to conditionally approve CUP 09-030 was filed by the applicant, Marconi Foundation for Kids. The appeal specifically requests the removal of Conditions City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Pac3e 4 of 12 4.1 through 4.5 of Resolution No. 4166 which pertain to required off-site improvements (i.e., new sidewalks, ADA compliant driveways, curb, etc.) within the public right-of-way. Pursuant to Tustin City Code Section 9294b, the appeal hearing before the City Council is de novo. Staff recommends that the City Council approve the project allowing ancillary banquet facilities in conjunction with the automotive museum use. The off-site public improvements are necessary for the following reasons: • Approval of the request is intensification from a warehouse use to assembly use; • The site uses adjacent parcels to meet its parking demand. Access to the project site without sidewalks will require people to walk: in the street; • There is not adequate disabled access to and from the site; • The City Council set a policy in 1987 requiring construction of sidewalks in industrial areas. • An agreement was signed by the Marconi Foundation in 1995 agreeing to install the sidewalk; • Other businesses have been required to install off-site improvements when significant improvements, change in occupancy, and/or intensification of uses are proposed; • A precedent would be set if the requirement is waived Recommendation: That the City Council adopt Resolution No. 11-17, approving Conditional Use Permit 09- 030 authorizing the use of ancillary banquet facilities in conjunction with an existing automotive museum located at 1302 Industrial Drive subject to certain conditions including the requirement to install off-site public improvements. RESOLUTION NO. 11-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-030 AUTHORIZING THE USE OF ANCILLARY BANQUET FACILITIES IN CONJUNCTION WITH AN EXISTING AUTOMOTIVE MUSEUM LOCATED AT 1302 INDUSTRIAL DRIVE. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 2 through 13) 2. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON MARCH 1, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 5 of 12 Joint City Council and Redevelopment Agency held on March 1, 2011. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,434,037.03 and Payroll in the amount of $657,127.99. 4. 2010 GENERAL PLAN ANNUAL REPORT The California Government Code requires that the Planning Commission provide a progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. On March 8, 2011, the Planning Commission reviewed the annual report and authorized staff to forward the report to the City Council. With Council authorization, staff will forward the report to the State Office of Planning and Research and the State Department of Housing and Community Development in fulfillment of the State's requirement. Recommendation: That the City Council review and authorize staff to forward this annual report to the State Office of Planning and Research and the State Department of Housing and Community Development. 5. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and file. 6. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested for a Rental Agreement between the City and National Office Liquidators, Inc. (Tenant), for aCity-owned property located at 15171 Del Amo Avenue. Recommendation: It is recommended that the City Council authorize the Assistant City Manager to execute the attached Rental Agreement with National Office Liquidator, Inc and to enter into any extension periods as may be authorized under the Rental Agreement, subject to any non-substantive modifications as may be deemed necessary by the City Attorney. 7. APPROVAL OF AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND PACIFIC STATES ENVIRONMENTAL CONTRACTORS, INC. City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Pace 6 of 12 Approval is requested for Amendment No. 1 to a Consultant Services Agreement between the City of Tustin and Pacific States Environmental Contractors, Inc. ("PSEC") for certain environmental assessment services at Tustin Legacy. The Amendment will provide additional environmental services related to infrastructure design requirements for Tustin Ranch Road roadway improvements as well as other technical support. Recommendation: It is recommended that the City Council and Redevelopment Agency: 1. Approve Amendment No. 1 to a Consultant Services Agreement for Tustin Legacy 'between the City of Tustin and Pacific States Environmental Contractors, Inc., increasing the not to exceed amount by $78,985 to $88,985 (the original agreement, approved November 16, 2010, was for $10,000), and authorize the City Manager and/or the Assistant City Manager to execute the document on behalf of the City of Tustin. 2. Appropriate from un-appropriated funds in the MCAS 20'10 Tax Allocation Bond Proceeds Fund (561) $68,685 to the Tustin Ranch Road Extension Project Capital Improvement Program Fund (CIP No. 70100) and $10,300 in un-appropriated funds from the MCAS Tustin Redevelopment Fund (555) to 555-35-00-6010. 8. AUTHORIZATION TO PURCHASE DATACENTER UPS UNITS The Information Technology (IT) Division is in process of relocating existing server and storage equipment to a new purpose-built datacenter in City Hall. Said server and storage equipment requires uninterruptible power supplies (UPS) to protect the equipment from power failures, surges, and sags. IT staff has determined the need to replace existing in-rack UPS units with redundant room UPS units. Recommendation: It is recommended that the City Council authorize purchase of two (2) Eaton Powerware BladeUPS 36kVA/36kW uninterruptible power supply units from Ramtek, LLC of Tustin, CA in the amount of $51,909.88 (including tax and shipping). 9. AUTHORIZE NEGOTIATION OF A CONTRACT CHANGE ORDER WITH R.J. NOBLE COMPANY FOR THE TUSTIN RANCH ROAD PAVEMENT REHABILITATION PROJECT CIP 70195 Staff is requesting City Council authorization to negotiate a contract change order with R.J. Noble Company to extend the project limits of CIP 70195 to include construction of the Bryan Avenue Pavement Rehabilitation Project CIP 70199 by utilizing bid savings realized in the Tustin Ranch Road Project. Recommendation: It is recommended that the City Council authorize staff to negotiate a contract change order with R.J. Noble Company to extend the City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 7 of 12 project limits of the Tustin Ranch Road Pavement Rehabilitation Project CIP 70195 to include construction of the Bryan Avenue Pavement Rehabilitation Project CIP 70199 and utilize the bid savings in CIP 70195. 10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT TO RECEIVE BIDS FOR THE PARK RE-CAMPING PROJECT CIP NO. 20066 The plans and specifications for the Park Re-Camping Project CIP No. 20066 have been prepared and the project is now ready to be bid. Recommendation: It is recommended that the City Council adopt Resolution No. 11-16 approving the plans and specifications for the Park Re-Camping Project CIP No. 20066 and authorize the City Clerk to advertise and receive bids. RESOLUTION NO. 11-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE PARK RE-CAMPING PROJECT CIP NO. 20066, AND AUTHORIZING ADVERTISEMENT FOR BIDS 11. ADOPT RESOLUTION NO. 11-11 APPROVING LOT LINE ADJUSTMENT NO. 2010-03 A lot line adjustment has been requested by the property owner to merge the three (3) existing parcels into one (1) parcel at 200-220 EI Camino Real. The merger is required to ensure that the existing building meets the current California Building Code (CBC) requirements. The proposed lot line adjustment application has been submitted by Robert Douglas Feinstein, successor trustee of the Nancy F. Feinstein Trust established January 11, 2002. Recommendation: It is recommended that the City Council adopt Resolution No. 11-11 approving Lot Line Adjustment No. 2010-03. RESOLUTION NO. 11-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2010-03 12. CONSULTANT SERVICES AGREEMENT FOR A STRUCTURAL ENGINEERING ASSESSMENT OF THE STEVENS SQUARE PARKING STRUCTURE Approval is requested of a Consultant Services Agreement to conduct a structural engineering assessment of the Stevens Square Parking Structure. Recommendation: It is recommended that: 1. The Redevelopment Agency approve a Consultant Services City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 8 of 12 Agreement with Hess Engineering, Inc. to conduct a structural engineering assessment of the structural stability and architectural and deferred maintenance needs of the Stevens Square Parking Structure, located at 445 South C Street, subject to any non- substantive modifications as may be determined necessary as recommended by the City Attorney, and authorize the Assistant City Manager to execute the document on behalf of the City; and 2. The Redevelopment Agency appropriate $15,950 from un- appropriated funds in the Town Center Fund (558) to Town Center Account No. 558-35-00-6010 for services with Hess Engineering; and 3. The City Council and Redevelopment Agency authorize Agency and City staff to negotiate with Stevens Square, LLC, acost-sharing agreement that outlines the sharing of any one-time and on-going repairs and maintenance costs in proportion to the ownership interests in the Parking Structure common area. 13. APPROVE AGREEMENT BETWEEN MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) AND ITS MEMBER AGENCIES ON BUDGET, ACTIVITIES, CHARGES, AND OTHER ISSUES The Municipal Water District of Orange County (MWDOC) has been working with its member agencies on changes to its business model which will enable them to better meet its member agencies' needs and resolve long standing causes of disagreement with several of their member agencies. Beginning in fiscal year 2011-12, MWDOC will adopt a new business model in which individual member agencies will have a choice as to whether they participate in certain MWDOC programs and the member agencies that elect to participate in those programs will be charged directly for those services. Under the agreement, MWDOC will also realign its rate structure to reflect the regional nature of MWDOC's services. Signatories to the agreement will be given the opportunity to nominate candidates to be appointed by MWDOC to the Metropolitan Water District of Southern California (MWD) Board of Directors when vacancies occur among MWDOC's delegation of four directors appointed to the MWD Board. Recommendation: It is recommended that the City Council approve the agreement with the Municipal Water District of Orange County and authorize the Mayor and City Clerk to execute the agreement. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 14 through 20) 14. "NEIGHBORHOODS OF TUSTIN TOWN CENTER: A NEW BEGINNING" City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 9 of 12 WORK PLAN The City Council recently endorsed "The Neighborhoods of Tustin Town Center: A New Beginning", A Strategic Guide for Development. The report identified immediate and short term action projects and programs. As requested by the City Council, staff is bringing back a proposed Work Plan outlining the steps City Departments are taking to implement immediate and short term strategies. Recommendation: Receive and file. 15. DISCUSSION REGARDING THE CITY OF TUSTIN EMERGENCY PLAN The City Council approved the City of Tustin Emergency Plan at the March 1, 2011 City Council meeting and requested an additional opportunity for comment and discussion. Recommendation: Pleasure of the City Council. 16. AFFIRM NONCONFORMING STATUS AT 520 PACIFIC STREET On March 1, 2011, the City Council held a de novo public hearing to consider the appeal by Mayor Amante which appealed the actions of the Planning Commission's December 14, 2010, determination regarding the property located at 520 Pacific Street. The appeal further requested clarification that the Tustin City Code (TCC) require nonconforming buildings, structures, and uses be legally established at some point and to clarify the legal intent of prior and current definitions of nonconforming buildings, structures and uses and the appropriate application of the Code. At the hearing, the City Council denied the appeal and determined that structures and uses at 520 Pacific Street to be nonconforming and directed staff to revise the Tustin City Code as it relates to the term "nonconforming" to clarify, provide consistency in prior practice, and reduce ambiguity throughout the Code. Resolution No. 11-18 reflects the City Council action as to 520 Pacific Street. A separate resolution and draft ordinance revising the Tustin City Code as it relates to the term "nonconformance" will be addressed in a separate report. Recommendation: That the City Council adopt Resolution No.11-18 affirming nonconforming status of certain buildings, structures, and uses at the property at 520 Pacific Street. RESOLUTION NO. 11-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AFFIRMING NONCONFORMING STATUS OF CERTAIN BUILDINGS, STRUCTURES, AND USES AT THE PROPERTY AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. APN 401-371-07) 17. INITIATION OF CODE AMENDMENT TO CLARIFY, PROVIDE CONSISTENCY, AND REDUCE AMBIGUITY OF THE TERM "NONCONFORMING" IN THE TUSTIN CITY CODE City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 10 of 12 On March 1, 2011, the City Council directed staff to draft a code amendment to provide clarity, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming" throughout the Tustin City Code. Pursuant to TCC 9295c, an amendment of the Zoning Code may be initiated by the City Council by filing a resolution with the Planning Commission of the intention thereof. Recommendation: That the City Council adopt Resolution No. 11-19 to initiate a code amendment (Draft Ordinance No. 1397) to provide clarity, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming" throughout the Tustin City Code and to direct the Planning Commission to consider said code amendment for recommendation to City Council. RESOLUTION NO. 11-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, INITIATING A CODE AMENDMENT (DRAFT ORDINANCE NO. 1397) TO AMEND THE TERM "NONCONFORMING" AS SET FORTH IN THE TUSTIN CITY CODE TO CLARIFY, PROVIDE CONSISTENCY, AND REDUCE AMBIGUITY THROUGHOUT THE CODE; AND DIRECTING THE PLANNING COMMISSION TO CONSIDER SAID CODE AMENDMENT FOR RECOMMENDATION TO CITY COUNCIL. 18. ESTABLISHING A TUSTIN HOUSING AUTHORITY The purpose of this item is to request that the City Council consider establishing a Housing Authority to function in the City in order to provide safe and sanitary housing opportunities for the City residents. Recommendation: It is recommended that the City Council approve Resolution No. 11-20 establishing a Housing Authority in accordance with the California Housing Authorities Law. RESOLUTION NO. 11-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW. 19. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 20. CALPERS RETIREMENT AND RETIREE MEDICAL PROGRAMS The City has contracted with Bartel Associates to conduct our GASB 45 Actuarial Valuation regarding our Other Post Employment Benefits (OPEB) which specifically includes our Retiree Health Program. Additionally, the City contracted with Bartel Associates to provide a comprehensive review of our City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 11 of 12 retirement program in several key areas. Mr. John Bartel will provide a presentation to the City Council on his review and analysis. Recommendation: That the City Council receive Mr. Bartel's presentation and have the opportunity to ask questions and provide direction to staff to obtain additional information, if needed. OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next regular meeting is scheduled for Tuesday, April 5, 2011 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Redevelopment Agency March 15, 2011 Meeting Agenda Page 12 of 12